U.S. v. Cutler, 2d Cir. Mar. 17, 2008
05-2516, 05-3303, 05-6178 U.S. v. Cutler
Before: JACOBS, Chief Judge, KEARSE and POOLER, Circuit Judges.
Appeals by the United States challenging the sentences imposed on the above defendants in the United States District Court for the Southern District of New York, Loretta A. Preska, Judge, following their convictions of, inter alia, bank fraud, tax evasion, and false statements, and conspiracy to commit those offenses and mail fraud, 18 U.S.C. §§ 371, 1014, 1341, 1344, and 1623, and 26 U.S.C. § 7201. Vacated and remanded for resentencing. Judge Pooler concurs in a separate opinion.
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KEARSE, Circuit Judge: Defendants James Cutler and Sanford Freedman, following a jury trial in the United States District Court for the Southern District of New York, Loretta A. Preska, Judge, were convicted, along with others, on various charges relating to extensive bank frauds and tax frauds. Issues raised in an appeal by Freedman have been dealt with in a summary order filed today, see United States v. Freedman, Nos. 05-2516, -6068. This opinion deals with an appeal by the government, No. 05-3303, challenging the sentence imposed on Cutler, and a cross-appeal by the government, No. 05-6178, challenging the sentence imposed on Freedman. … U.S. v. Cutler.
